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(영문) 부산지방법원 2018.11.14 2018고단1557
마약류관리에관한법률위반(향정)
Text

A defendant shall be punished by imprisonment for not less than two years and six months.

The seized white-processed 9.6g (Evidence No. 1) and vinyl No. 2).

Reasons

Punishment of the crime

On April 7, 2016, the Defendant was sentenced to six months of imprisonment with labor for a violation of the Narcotics Control Act (compacting) at the Busan District Court on April 7, 2016, and completed the execution of the sentence at the port prison on February 8, 2017, and is not a narcotics handler.

On May 27, 2017, around 06:20, the Defendant issued to D a 0.2 gramopon of meclopopon (one philopon; hereinafter “philopon”), which is a very high local mental medicine medicine, from the emergency stairs of the 1st floor B-dong, Busan Metropolitan City.

On April 7, 2016, the Defendant was sentenced to six months of imprisonment with prison labor for a violation of the Narcotics Control Act (fence) at the Busan District Court on April 7, 2016, and completed the execution of the sentence at the port prison on February 8, 2017, and is not a narcotics handler.

On September 6, 2018, around 18:00, the Defendant put about approximately 9.65g of philopon, which is a part of plastic medicine, into G, for the purpose of selling 9.65g of plastic medicine in front of “F” located in Busan Dong-gu, Busan, for sale.

Summary of Evidence

[2018 Highest 1557]

1. Statement by the defendant in court;

1. Statement made by the police with H;

1. Copy of the protocol concerning suspect examination of D; and

1. Previous convictions: Investigative inquiries about criminal history and investigation reports (Attachment of the same kind of narcotics, etc. to the judgment attached thereto);

1. Statement by the defendant in court;

1. A protocol concerning the examination of the police officer in G;

1. Police seizure records and list of seizure;

1. A written appraisal of seized articles;

1. Previous convictions: Inquiry into criminal history and investigation reports (Attachment of the same military record attached to the A and repeated crimes) and the application of Acts and subordinate statutes;

1. Articles 60 (1) 2, 4 (1) 1, and 2 subparagraph 3 (b) of the Act on the Control of Narcotics, etc. under the relevant Act on criminal facts, and selection of a sentence to imprisonment;

1. Article 35 of the Criminal Act for aggravated repeated crimes;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. The main sentence of Article 67 of the Act on the Management of Confiscated Narcotics;

1. The proviso to Article 67 of the Narcotics Control Act;

1. The defendant with the reason for sentencing of Article 334(1) of the Criminal Procedure Act is the same.

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